In what circumstances will a common law partner be able to claim sole ownership of a property?
British Columbia, Canada
The following excerpt is from Binichakis v. Smitherman et al, 2009 BCPC 131 (CanLII):
In particular, the mere fact that someone has benefitted from the actions of another does not in itself entitle that person to compensation. As Dickson J. (as he then was) stated in Petkus v. Becker, 1980 CanLII 22 (SCC), [1980] 2 S.C.R. 834: “The common law has never been willing to compensate a plaintiff on the sole basis that his actions have benefitted another.” In Petkus, for example, the court ruled that it would be unjust for one common law partner to have sole ownership of property in circumstances where the other partner contributed unpaid labour to his business for over 19 years, where he freely accepted that benefit which made it possible for him to acquire property and where he ought to have realized that his common law partner reasonably expected to receive an interest in the property in exchange for that labour.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is limited common property a common common expense of a strata corporation? (British Columbia, Canada)
Is a partner or a former partner of a partner able to hold assets acquired with their partner's funds in trust? (British Columbia, Canada)
Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
What is the test for determining whether a claim in a personal injury action against a former partner is a common law claim? (British Columbia, Canada)
In what circumstances will the court order that a defendant provide a Property and Financial Statement for the purposes of contesting a maintenance claim? (British Columbia, Canada)
Can a strata recover damages from a property owner who causes damage to common property or strata lot? (British Columbia, Canada)
Can an owner of a strata claim damages or recover property damages or loss of property value against another owner? (British Columbia, Canada)
In what circumstances will the Respondent at the Human Rights Tribunal of B.C. claim that the Applicant be denied the right to continue to pursue his human rights claim? (British Columbia, Canada)
What is the standard of care required by common law by the common law under common law? (British Columbia, Canada)
What is the test for establishing that registered ownership reflects the actual ownership of a property? (British Columbia, Canada)
